Jelly Roll is facing a federal lawsuit from a well-known Philadelphia wedding band called Jellyroll, claiming that the rapper’s stage name violates the group’s trademark rights.
In a complaint filed Monday in federal court, attorneys for Kurt Titchenell accused the rapper-turned-country singer (Jason DeFord) of infringing his trademark to Jellyroll — the name he’s used for decades for an act the Philadelphia Inquirer has labeled as “Philly’s favorite wedding band.”
The lawsuit claims that Jelly Roll’s increasing popularity — his “Need A Favor” reached No. 13 on the Hot 100 in November — has flooded the market with his name, making it difficult for prospective clients to find Titchenell’s band.
“Prior to the defendant’s recent rise in notoriety, a search of the name of Jellyroll … returned references to the plaintiff,” his lawyers write in their complaint, obtained by Billboard. “Now, any such search on Google returns multiple references to defendant, perhaps as many as 18-20 references, before any reference to plaintiff’s entertainment dance band known as Jellyroll can be found.”
News of the lawsuit against Jelly Roll was first reported by Court Watch.
Titchnell claims he’s been using the name for his band since 1980. In a 2019 Inquirer article marking the band’s 40th anniversary, the newspaper described Jellyroll as a group that nearly every Philadelphian has likely heard at some point, at one of thousands of weddings, galas and other public events.
In media interviews, Jelly Roll has said that his mother gave him the nickname as a child. He used the name on a 2003 self-released mixtape called The Plain Shmear Tape, and then on dozens of subsequent releases over nearly two-decades as a little-known Nashville rapper.
The two artists appear to have peacefully co-existed until recently, when Jelly Roll climbed the charts and became a household name. Following his breakout 2021 hit “Son of a Sinner” and last year’s “Need A Favor,” he was nominated for Best New Artist at this year’s Grammy Awards, and won a trio of major awards at this year’s Country Music Awards.
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In Monday’s lawsuit, Titchenell’s attorneys say they sent a cease-and-desist letter to Jelly Roll in February, which led to “several conversations” over the naming issue. But they say no resolution was reached – and they even suggested that they felt insulted in the process: “At one point defendant’s counsel inquired as to whether defendant really was in competition with plaintiff.”
Now, they’re seeking an immediate court order that would stop him from using the name “Jelly Roll.” They specifically pointed to an upcoming concert at Philadelphia’s Wells Fargo Center in October.
“Despite his receipt of a demand to cease and desist using plaintiff’s registered service mark, defendant has ignored this demand and continues to use plaintiff’s registered service mark knowing that it continues to irreparably harm plaintiff but has nevertheless callously disregarded the rights of plaintiff to his own service mark,” Titchenell’s attorneys write.
An attorney for Jelly Roll did not immediately return a request for comment on Friday.
